19980324 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR CITY
COUNCIL MEETING OF THE CITY OF VERNON
HELD MARCH 24, 1998 AT 5 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL LOCATED
AT 4305 SANTA FE AVENUE, VERNON,
CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, McCormick, Gonzales
MEMBERS ABSENT: Davis
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, seconded by Gonzales, that
the Minutes of the City Council Meeting held March 3, 1998, be
approved as submitted and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 12, 1998, was presented, advising that the below
listed employees have qualified for a Perfect Attendance Award.
This is awarded to employees on the basis of a minimum of two (2)
years of perfect attendance.
The Mayor presented Perfect Attendance Awards to the
following employees and extended congratulations on behalf of the
entire City Council:
02/20/96 Blanca Rubio, Personnel Clerk
02/26/90 John Doersam, Firefighter
2 Years
8 Years
The following employees could not attend the meeting and Perfect
Attendance Awards were accepted by their respective Department
Head:
Date of Hire
Employee
Award
11/18/63
George Burgess,
Engineering
Associate 3
Years
09/18/89
Michael Roche,
Firefighter
5
Years
08/14/89
Ruben Herrera,
Utilityman
6
Years
O1/01/67
Dave Telford, Fire Chief
12
Years
03/02/81
Gloria Orosco,
Chief Deputy
City Clerk 13
Years
The
Mayor called a
short recess,
the time being
5:08
p.m. Council reconvened at 5:09 p.m.
A Proclamation of the Mayor and the City Council of
the City of Vernon Commending and Honoring J & J Seafood Company
in Recognition of its Significant Emergence in the Vernon
Business Community and Inviting Recognition of its Contributions
and Achievements in the Seafood Processing and Distribution
Industry, was presented.
It was moved by McCormick, seconded by Ybarra, that
the Proclamation of the Mayor and the City Council honoring J & J
Seafood Company be approved. Motion carried.
ORDINANCE NO. 1058 - An Ordinance of the City Council
of the City of Vernon Establishing a Date for Certification of
the Results of the Canvass of the April 14, 1998, General
Municipal Election; and Declaring That Said Ordinance Shall Take
Effect Immediately, was read by title by the City Clerk.
It was moved by Gonzales, seconded by Ybarra, that
Ordinance No. 1058 be approved and adopted. Motion carried.
Ayes: Malburg, Ybarra, Gonzales, McCormick
Noes: None
Absent: Davis
City Council Meeting Minutes March 24, 1998
Page 2
RESOLUTION NO. 7102 - A Resolution of the City
Council of the City of Vernon Amending Resolution No. 7083,
Relating to the City Clerk's Canvass of the General Municipal
Election to be Held on Tuesday, April 14, 1998, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7102 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 18, 1998, was presented, advising that at the
previous City Council meeting, it was proposed to execute a.Lease
Agreement with MCI Telecommunications Corporation (MCI) for
telecommunications services. At this time, the matter of the
Lease Agreement with MCI will no longer be considered.
Upon further review, it has been determined that a Customer
Premises Equipment (CPE) Purchase And Maintenance Agreement
between MCI and the City of Vernon would be better suited for our
agency. The Agreement provides the City with the equipment
necessary to provide high speed communications between City Hall,
the Power Plant/Control Center and the Independent System
Operator (ISO) for purposes of scheduling power to the ISO.
This has been reviewed by the Director of Light & Power and the
City Attorney, and it is hereby recommended that authorization be
granted to enter into the CPE Purchase And Maintenance Agreement
between MCI Telecommunications Corporation and the City of
Vernon, at an approximate cost of $16,500.
It was moved by Ybarra, seconded by Gonzales, that
authorization be granted to enter into the CPE Purchase And
Maintenance Agreement between MCI Telecommunications Corporation
and the City of Vernon. Motion carried.
RESOLUTION NO. 7093 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Agreement with MCI Telecommunications Corporation
for Telecommunications Services, was presented. (Deferred from
City Council Meeting held March 3, 1998, and revised March 18,
1998.)
It was moved by McCormick, seconded by Ybarra, that
revised Resolution No. 7093 be approved and adopted. Motion
carried.
Police Department Activity Log for the period March 1
thru 15, 1998, was presented.
It was moved by Ybarra, seconded by Gonzales, that
the Police Department Activity Log for the period March 1 thru
15, 1998, be received and filed. Motion carried.
Fire Department Activity Report for the period March
1 thru 15, 1998, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Fire Department Activity Report for the period March 1 thru
15, 1998, be received and filed. Motion carried.
Health Department Report for the month of February,
1998, was presented.
It was moved by Ybarra, seconded by McCormick, that
the Health Department Report for the month of February, 1998, be
received and filed. Motion carried.
City Council Meeting Minutes
Page 3
March 24, 1998
Risk Management Report for the month of February,
1998, was presented.
It was moved by Gonzales, seconded by Ybarra, that
the Risk Management Report for the month of February 1998, be
received and filed. Motion carried.
The City Clerk announced that now was the time for
anyone in the audience to address the City Council on any item on
the Agenda other than with regard to any Public Hearings that may
be listed.
The Mayor asked if anyone in the audience wished to
address the City Council at this time.
Mr. Joseph Pak, representative of Pacific Bell, but
speaking on behalf of the City of Vernon Chamber of Commerce,
addressed the City Council and presented an issue of The Korea
Times, May 24, 1998, and commented on an article in the paper
that highlighted the favorable business climate in the City of
Vernon.
The City Clerk announced that now was the time to
open the PUBLIC HEARING to consider a request from Aluminum
Company of America to propose to subdivide 49.9 acres into 19
lots and two streets, via Tentative Parcel Map No. 24894.
(Deferred from Council Meeting held March 3, 1998.)
It was moved by McCormick, seconded by Gonzales, to
open the Public Hearing to consider a request from Aluminum
Company of America to propose to subdivide 49.9 acres via
Tentative Parcel Map No. 24894, the time being 5:15 p.m. Motion
carried.
On March 3, 1998, this item was deferred, and upon
further review by the Community Services & Water Department, it
was determined that a new recommendation was necessary and which
is identified in the following communication from the Director of
Community Services & Water dated March 18, 1998. This
communication supercedes the Director's communication dated
February 26, 1998.
Mr. Kevin Wilson, Director of Community Services &
Water, addressed the City Council and briefly summarized this
matter.
Communication from Kevin Wilson, Director of
Community Services & Water Department, dated March 18, 1998, was
presented, advising that Danjon Engineering, Inc., has submitted
on behalf of Aluminum Company of America Tentative Parcel Map No.
24894 for investigation and report in accordance with the
Subdivision Map Act.
Herewith for your consideration is the following
evidence:
1. Amended Engineer's Report.
2. Print of Tentative Parcel Map No. 24894.
3. Excerpts from the Subdivision Map Act.
City Council Meeting Minutes March 24, 1998
Page 4
After further consideration, the Community Services Department
has determined that the project is not consistent with the
General Plan adopted by the City of Vernon. The Aluminum Company
of America proposes to subdivide eight existing County Assessor
parcels into 18 parcels covering approximately 50 acres of
property located in the M Zone. The size of the parcels range
from 1.10 acres to 15.16 acres, with two-thirds of the parcels
being less than two acres in size. The Land Use Element of the
Vernon General Plan adopted in 1989 states that the City of
Vernon was planned from its beginnings in 1905 as an industrial
city. At that time, the City Land Use Policy was established as
the promotion and advancement of manufacturing industries. Other
land uses were and still are subsidiary to industrial uses. Non-
industrial uses are to be permitted so long as they "respect the
rights of manufacturing interests."
The Land Use Element noted an unfavorable trend in the use of
property. That trend continues to the present, wherein
manufacturing and industrial sites are being replaced with non-
industrial uses such as warehouses, freight terminals and
distribution facilities.
The Land Use Element of the Vernon General Plan contains a goal
of providing sufficient appropriate locations for manufacturing
and industrial uses and providing for the location of those
activities which support manufacturing (e.g.; warehouses and
transportation uses) in areas where they will not interfere or
compete for space with manufacturing operations.
This project site is located in the M Zone, in which warehouses
are permitted but restricted in size to no more than 50,000
square feet. The proposed subdivision into smaller parcels
greatly increases the possibility of the lots being utilized for
warehouses and other non -industrial uses. This potential
concentration of warehouse and other non -industrial uses on the
subdivided property would be inconsistent with the General Plan
goal.
Therefore, it is my recommendation that Tentative Parcel Map No.
24894 not be approved.
The Mayor asked if there was anyone in the audience
who had questions on this matter or if there were any questions
from the Council at this time.
Mr. Wilson advised the City Council that a letter was
received from Willard L. Welds, Senior Corporate Real Estate
Specialist with Alcoa, dated March 17, 1998, requesting that the
City of Vernon delay taking any action on Tentative Parcel Map
No. 24894 until the second meeting in April, 1998. This will
allow sufficient time for Alcoa to consider additional
alternatives currently under review.
The City Attorney recommended to the City Council to
continue the Public Hearing to April 28, 1998.
It was moved by McCormick, seconded by Ybarra, to
continue the Public Hearing pertaining to the request from
Aluminum Company of America to subdivide 49.9 acres via Tentative
Parcel Map No. 24894, the time being 5:45 p.m. Motion carried.
RESOLUTION NO. 7101 - A Resolution of the City
Council of the City of Vernon Denying Approval of the Application
for Tentative Parcel Map No. 24894 Submitted for the Property
Located at the Southwest Corner of Fruitland and Alcoa Avenues by
Danjon Engineering, Inc., on Behalf of Aluminum Company of
America.
City Council Meeting Minutes
Page 5
March 24, 1998
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7101 be deferred until the City Council Meeting to
be held April 28, 1998. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 18, 1998, was presented, advising that in 1989, the
Council adopted its current zoning ordinance which limits the
size of newly constructed warehouses to 50,000 square feet. The
purpose of this was to assist in maintaining the City's
industrial base. Since that time, large lots that have become
available have typically been purchased and subdivided so that a
warehouse use can be accommodated.
The Land Use Element of the General Plan, adopted in 1988, states
that the City of Vernon was planned from its inception in 1905 as
an industrial city and that non -industrial land uses were and
still are to be subsidiary to industrial uses, and that non-
industrial uses are permitted as long as they respect the rights
of manufacturing interests. The Land Use Element also contains a
goal of providing "sufficient appropriate locations for
manufacturing and industrial uses" and providing "for the
location of those activities which support manufacturing, (i.e.,
warehousing and transportation related uses) in areas where they
will not interfere or compete with manufacturing operations."
It is hereby recommended that an emergency ordinance, placing a
moratorium on all subdivisions and lot line adjustments, be
adopted. The moratorium would give us an opportunity to study
the consequences upon the City of the subdividing of large
industrial facilities and determine if amendments to the City
Code are necessary.
It was moved by Ybarra, seconded by Gonzales, that an
emergency ordinance, placing a moratorium on all subdivisions and
lot line adjustments, be adopted. Motion carried.
ORDINANCE NO. 1061 - An Interim Ordinance of the City
Council of the City of Vernon Prohibiting the Processing or
Approval of Tentative Maps, Parcel Maps and Lot Line Adjustments
Making Findings with Respect Thereto, Declaring the Urgency
Thereof and a Basis for Said Ordinance to Take Effect
Immediately, was read by title by the City Clerk.
It was moved by McCormick, seconded by Gonzales, that
Ordinance No. 1061 be approved and adopted. Motion carried.
Ayes: Malburg, Ybarra, Gonzales, McCormick
Noes: None
Absent: Davis
Communication from Police Chief Bruce Olson, dated
December 5, 1997, was presented, requesting authority and funds
for Sergeant Penny Turner to attend the POST Performance Rating
Workshop at Dana Point on April 23 thru 24, 1998, with an expense
allowance of $445 of which POST will reimburse $362.40.
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for Sergeant Penny Turner to attend the
aforementioned workshop with an expense allowance of $445.
Motion carried.
Communication from Police Chief Bruce Olson, dated
March 2, 1998, was presented, requesting authority and funds for
Malcolm Herrington, Senior Dispatcher, to attend Public Safety
Dispatcher in Emergency Management at Monterey, CA, on April 7
thru 9, 1998, with an expense allowance of $742.14 of which POST
will reimburse $620.44.
City Council Meeting Minutes
Page 6
March 24, 1998
It was moved by McCormick, seconded by Ybarra, that
authority be granted for Malcolm Herrington, Senior Dispatcher,
in the Police Department, to attend the aforementioned seminar
with an expense allowance of $742.14. Motion carried.
Communication from Police Chief Bruce Olson, dated
March 4, 1998, was presented, requesting authority and funds for
Police Officer Daniel Santos and Detective Randolph Phillips to
attend Criminal Justice Warrant Services Training at San Pedro on
April 29 thru May 1, 1998, with an expense allowance of $349.62
each.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Police Officer Daniel Santos and
Detective Randolph Phillips to attend the aforementioned
conference with an expense allowance of $349.62 each. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 4, 1998, was presented, transmitting for
consideration and discussion a two page report dated December 10,
1997, and a memo dated December 18, 1997, from the Director of
Community Services & Water providing estimated costs for the Bell
Annexation and the Interchange Improvement.
The Mayor asked the Director of Community Services &
Water to explain the report.
Mr. Wilson addressed the City Council and briefly
summarized this matter.
It was moved by Gonzales, seconded by Ybarra, that
the report dated December 10, 1997, and memo dated December 18,
1997, from the Director of Community Services & Water, providing
estimated costs for the Bell Annexation and the Interchange
Improvement be received and filed. Motion carried.
Communication from Police Chief Bruce Olson, dated
March 5, 1998, was presented, requesting authority and funds for
Sergeant Michael Chavez to attend the Training Managers' Workshop
at Lake Arrowhead on April 15 thru 17, 1998, with an expense
allowance of $361.15 of which POST will reimburse $244.90.
It was moved by McCormick, seconded by Ybarra, that
authority be granted for Sergeant Michael Chavez to attend the
aforementioned workshop with an expense allowance of $361.15.
Motion carried.
Communication from Fire Chief Dave Telford, dated
March 9, 1998, was presented, requesting authority and funds for
Firefighters Jeff Smith and Anthony Rotell, and Captain Andrew
Guth to attend the Rescue Systems I & Rescue Systems II at
Anaheim on April 13 thru April 24, with an expense allowance of
$575 each.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Firefighters Jeff Smith and Anthony
Rotell, and Captain Andrew Guth to attend the aforementioned
workshop with an expense allowance of $575. Motion carried.
Communication from Kevin Wilson, Director of
Community Services & Water, dated March 9, 1998, was presented,
requesting authority and funds for Ronald Anderson, Foreman, and
Fernando Weathers, Utilityman I, to attend the Confined Space
Safety Seminar at Anaheim on May 5, 1998, with an expense
allowance of $167 each.
City Council Meeting Minutes
Page 7
March 24, 1998
It was moved by McCormick, seconded by Gonzales, that
authority be granted for Ronald Anderson, Foreman, and Fernando
Weathers, Utilityman I, in the Community Services & Water
Department, to attend the aforementioned seminar with an expense
allowance of $167 each. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 10, 1998, was presented, requesting authority and
funds for Councilman William Davis to attend the California
Municipal Treasurers' Association Seminar at Sacramento on April
21 thru April 24, 1998, with an expense allowance of $966.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Councilman William Davis to attend the
aforementioned seminar with an expense allowance of $966. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 10, 1998, was presented, requesting authority and
funds for himself, Mayor Pro Tem Thomas Ybarra, and Councilman
Hilario Gonzales, to attend the California Municipal Treasurers'
Association Seminar at Sacramento on April 21 thru April 24,
1998, with an expense allowance of $998.80 each.
It was moved by Gonzales, seconded by McCormick, that
authority be granted for City Administrator Bruce V. Malkenhorst,
Mayor Pro Tem Thomas Ybarra, and Councilman Hilario Gonzales, to
attend the aforementioned seminar with an expense allowance of
$998.80 each. Motion carried.
RESOLUTION NO. 7103 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Certificate of Deposit Security Agreement By and
Between the City of Vernon and the California Independent System
Operator Corporation, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 7103 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 10, 1998, was presented, transmitting for
consideration a complete Agreement with Melvyn Green and
Associates to provide consulting and plan check services for the
City. This has been reviewed by the Director of Community
Services and the City Attorney and it is hereby recommended that
the Mayor and City Clerk be authorized to execute the document.
It was moved by Gonzales, seconded by Ybarra, that an
Agreement with Melvyn Green and Associates to provide consulting
and plan check services for the City be approved and executed.
Motion carried.
RESOLUTION NO. 7104 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Agreement for Consulting Services for Structural
Plan Review By and Between the City of Vernon and Melvyn Green
and Associates, Inc., was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7104 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 12, 1998, was presented, requesting authority and
funds for Gloria Orosco, Chief Deputy City Clerk; and Martha
Valenzuela, Finance Office Manager; to attend Leadership &
Supervisory Skills for Women at Long Beach on April 3, 1998, with
an expense allowance of $79 each.
City Council Meeting Minutes March 24, 1998
Page 8
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Gloria Orosco, Chief Deputy City Clerk
and Martha Valenzuela, Finance Office Manager, to attend the
aforementioned workshop with an expense allowance of $79 each.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 16, 1998, was presented, advising that in reviewing
the Alameda Corridor Project, it has become apparent that the
City Code does not adequately address traffic detouring for
construction projects within the City limits. The Community
Services Department, working in cooperation with the City
Attorney's office, has developed the following ordinance that
allows the traffic engineer to require traffic control plans
under certain circumstances. It is hereby recommended that the
Ordinance be approved.
It was moved by Gonzales, seconded by Ybarra, to
approve the aforementioned recommendation of the City Clerk and
receive and file his communication. Motion carried.
ORDINANCE NO. 1060 - An Ordinance of the City Council
of the City of Vernon Amending Sections 22.29, 22.31, 22.35,
22.46, 22.48, 22.79, and 22.86 of the Code of the City of Vernon,
California, 1959, Relating to Encroachment Permits and
Franchises; Adding Section 22.49-1 to Said Code Relating to
Indemnity and Insurance Requirements; Adding Section 22.90 to
Said Code Relating to Traffic Control; Adding Sections 22.100
thru 22.105 to Said Code Relating to Street Closures and Detours;
and Repealing All Ordinances or Parts of Ordinances in Conflict
Therewith, was read by title for a first reading by the City
Clerk.
It was moved by McCormick, seconded by Ybarra, that
Ordinance No. 1060 be approved and adopted. Motion carried.
Ayes: Malburg, Ybarra, Gonzales, McCormick
Noes: None
Absent: Davis
Communication from Kevin Wilson, Director of
Community Services & Water Department, dated March 17, 1998, was
presented advising that Contract No. 535, Traffic Signal
Modernization, Boyle Avenue and Fruitland Avenue, Pacific
Boulevard and Fruitland Avenue, Emergency Vehicle Preemption,
Boyle Avenue and Fruitland Avenue, Soto Street and Fruitland
Avenue, Pacific Boulevard and Fruitland Avenue, has been
completed. The total contract amount was $162,029.08. A Final
Partial Payment of $43,586.17 is now due. The remaining ten
percent, $16,202.91 is payable thirty-five days after acceptance.
It is hereby recommended that the work be accepted and that
authority be granted to pay the contractor, C.T.& F., Inc., 7228
Scout Avenue, Bell Gardens, CA 90201.
It was moved by Ybarra, seconded by Gonzales, that
the work on Contract No. 535 be accepted and that authority be
granted to pay the contractor, C.T.& F., Inc., in accordance with
said contract. Motion carried.
RESOLUTION NO. 7105 - A Resolution of the City
Council of the City of Vernon Accepting the Work of C.T.& F. Inc.
in Accordance with Contract No. 535 of the City of Vernon, was
presented.
City Council Meeting Minutes March 24, 1998
Page 9
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7105 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 18, 1998, was presented, advising that Kevin Wilson,
Director of Community Services & Water Department, has selected
Bill Wilson, Engineering Aide, and Tom Kennedy, Engineering
Technician, to receive a 1997 Level I SPIRITS Award based on
their superior performance. It is hereby recommended that Mr.
Wilson and Mr. Kennedy each be awarded the Level I SPIRITS Award
for the Community Services & Water Department for the year 1997.
It was moved by Ybarra, seconded by Gonzales, that
Bill Wilson, Engineering Aide, and Mr. Tom Kennedy, Engineering
Technician be awarded the Level I SPIRITS Award for the Community
Services & Water Department for the year 1997. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 18, 1998, was presented, advising that with regard to
the Earthquake Mitigation Program, the Community Services
Department, as required by State Law, has surveyed all buildings
within the City to determine if there exists any potentially
hazardous structures.
It is recommended that the City Council adopt a Hazardous
Mitigation Plan consisting of:
1. Requirement that all property owners of
unreinforced masonry buildings be notified that the City
considers their building to be potentially hazardous;
2. That the owner of a building containing an
unreinforced masonry wall be required to post a placard that
states: "THIS IS AN UNREINFORCED MASONRY BUILDING. UNREINFORCED
MASONRY BUILDINGS MAY BE UNSAFE IN THE EVENT OF A MAJOR
EARTHQUAKE;"
3. Recommend that building owners voluntarily
retrofit their building; and
4. Require that an unreinforced masonry building be
seismically strengthened when a major addition, remodel, or re -
roof takes place on the property or the occupancy of the
structure is changed to a more Hazardous Group as defined by
Table 5-E of the 1994 Edition of the Uniform Code for Building
Conservation.
It was moved by Ybarra, seconded by McCormick, that
the recommendation of the City Clerk pertaining to a Hazardous
Mitigation Plan be approved. Motion carried.
ORDINANCE NO. 1059 - An Ordinance of the City Council
of the City of Vernon Adding Article IX to Chapter 24 of the Code
of the City of Vernon, California, 1959, Entitled "Uniform Code
for Building Conservation;" Adding Section 24.60 to the Code of
the City of Vernon to Adopt by Reference Appendix Chapter 1 of
the Uniform Code for Building Conservation, 1994 Edition; Adding
Sections 24.61 Through 24.63 to the Code of the City of Vernon to
Establish Regulations for Mitigating Seismic Safety Hazards; and
Repealing All Ordinances or Parts of Ordinances in Conflict
Therewith, was read by title for a first reading by the City
Clerk.
City Council Meeting Minutes March 24, 1998
Page 10
It was moved by McCormick, seconded by Ybarra, that
Ordinance No. 1059 be approved and adopted. Motion carried.
Ayes: Malburg, Ybarra, Gonzales, McCormick
Noes: None
Absent: Davis
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 18, 1998, was presented, advising that Ordinance No.
1057, which is on the ballot for the April 1998 General Municipal
Election, and if passed, would establish a parcel tax on all
warehouses, truck terminals, freight terminals, and similar
facilities in the City of Vernon. The ordinance allows the tax
to be collected either through the County on the property tax
bill or directly by the City. It is our preference that the
County collect the parcel tax. This has been reviewed by the
City Attorney, and it is hereby recommended that execution of an
Agreement for Billing of Special Parcel Taxes By and Between the
City of Vernon and the Los Angeles County Auditor -Controller be
approved and authorized.
It was moved by Ybarra, seconded by Gonzales, that
execution of an Agreement for Billing of Special Parcel Taxes By
and Between the City of Vernon and the Los Angeles County
Auditor -Controller be approved. Motion carried.
RESOLUTION NO. 7106 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Agreement for Billing of Special Parcel Taxes By
and Between the City of Vernon and the Los Angeles County
Auditor -Controller, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7106 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated March 12, 1998, was presented, transmitting the
Agenda for the Personnel Committee Meeting to be held March 23,
1998, for approval of the recommendations contained therein.
It was moved by Ybarra, seconded by Gonzales, that
the Agenda for the Personnel Committee Meeting held March 23,
1998, and the recommendations contained therein be approved as
adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated March 19, 1998, was presented, transmitting the
Minutes of the Finance Committee Meeting held March 17, 1998, for
approval of the recommendations contained therein.
It was moved by McCormick, seconded by Gonzales, that
the Minutes of the Finance Committee meeting held March 17, 1998,
and the recommendations contained therein be approved as
submitted and adopted. Motion carried.
WARRANT REGISTER NO. 985 covering claims and demands
presented during the period of February 27, 1998, thru March 19,
1998, drawn on Wells Fargo Bank totaling $1,161,370.46, which
includes Demand Nos. 65769 thru 66125 (inclusive), excluding
Light & Power Demands and Void Demands as listed below
(accounting period March, 1998) was examined and audited:
65785 65857 65860 65863 65882 65913 65916
65796 65858 65861 65874 65899 65914
65807 65859 65862 65881 65912 65915
City Council Meeting Minutes March 24, 1998
Page 11
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 985 be approved and payment authorized for
claims and demands totaling $1,161,370.46, excluding Light &
Power Demands and Void Demands as listed above. Motion carried.
WARRANT REGISTER NO. 985 covering claims and demands
presented during the period of February 27, 1998, thru March 19,
1998, drawn on Wells Fargo Bank totaling $2,662,912.66, which
includes Light & Power Demand Numbers as listed below (accounting
period March, 1998) was examined and audited:
65770
65815
65880
65905
65949
65998
66052
66097
65776
65816
65884
65906
65951
66000
66056
66103
65781
65818
65885
65907
65957
66002
66063
66104
65782
65819
65888
65908
65958
66010
66068
66106
65783
65821
65890
65909
65965
66016
66072
66107
65784
65866
65891
65910
65973
66025
66074
66115
65786
65867
65893
65919
65974
66028
66075
66124
65787
65868
65894
65926
65978
66038
66076
65788
65869
65895
65929
65987
66040
66083
65792
65870
65896
65933
65990
66043
66085
65800
65872
65901
65938
65992
66046
66089
65803
65873
65904
65947
65995
66048
66090
It was moved by Gonzales, seconded by Ybarra, that
Warrant Register No. 985 be approved and payment authorized for
Light & Power claims and demands totaling $2,662,912.66. Motion
carried.
PAYROLL WARRANT REGISTER NO. 501 covering claims and
demands presented during the period of January 18, 1998 thru
February 14, 1998, drawn on Wells Fargo Bank totaling
$1,651,767.74 which includes Demand Nos. 5674 thru 5706
(inclusive) (accounting period February, 1998) was examined and
audited.
It was moved by McCormick, seconded by Ybarra, that
Payroll Warrant Register No. 501 be approved and payment
authorized for claims and demands totaling $1,651,767.74. Motion
carried.
The Mayor called a recess at 6:23 p.m.
The Council reconvened in regular session at 6:26
p.m., all members present before the recess again being present.
It was moved by Ybarra, seconded by Gonzales, that
Council go into Closed Session, Item No. 1, the time being 6:26
p.m. Motion carried.
All persons were excluded from Closed Session except
the City Clerk, City Attorney, Secretary, Director of Community
Services & Water, and a Utilityman IV.
The Mayor ordered all communications to and from the
Closed Session deemed privileged and confidential.
1. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code Section
54957.
a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
The first Utilityman IV was excused at 6:29 p.m.
The second Utilityman IV entered Closed Session at
6:29 p.m.
City Council Meeting Minutes
Page 12
March 24, 1998
The second Utilityman IV was excused at 6:32 p.m.
The Director of Community Services & Water was
excused at 6:33 p.m.
It was moved by Gonzales, seconded by Ybarra, that
City Council go out of Closed Session pertaining to Item No. 1,
the time being 6:35 p.m. Motion carried.
It was moved by McCormick, seconded by Ybarra, that
Council go into Closed Session, Item Nos. 2 and 3, the time being
6:36 p.m. Motion carried.
All persons were excluded from Closed Session except
the City Clerk, City Attorney and the Secretary.
The Mayor ordered all communications to and from the
Closed Session deemed privileged and confidential.
2. With respect to every item of business to be
discussed in closed session pursuant to subdivision (a) of
Government Code Section 54956.9.
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(a) City of Vernon vs Central Basin Municipal
Water District, LASC No. BC 121124;
2CIV B101606;
(b) City of Vernon vs Central Basinetc..
7astrow. et al., LASC No. BC 130693;
(c) City of South Gate, et -al. vs City of
Los Angeles, et al., LASC No. BC 129447;
2CIV B100019; Supreme Court No. S057753;
(d) City of Vernon v Board of Harbor
Commissioners of the City of Lona Beach et
a,., LASC Case No. BC 158591; 2CIV B112374
(Pier T)
(e) The City of Vernon v The Atchison Topeka
and Santa Fe Railway, CPUC Case No. 96-01-019;
(f) Johnson & Vincent v Vernon, LASC BS 039646;
(g) FERC Docket Nos. OA-96-76, OA97-602, OA97-604,
ER96-222; (Open Access);
(h) FERC Docket Nos. ER97-2355, EC96-19-000,
ER96-1633 and EL96-48 (Restructuring);
W CPUC Application No. 96-10-038 (SDG&E/
SoCalGas Merger); FERC Docket No. EL97-15
(ENOVA/PACIFIC ENTERPRISES); FERC Docket No.
EC97-12-000;
(j) City of Orange et al v Alabama Treasury,
et. al., LASC Case No. BC 106461;
(k) TOMCO Auto Products Inc v Vernon, Norwalk
Superior Court No. VCO23838;
(1) Watson Land Company v ACTA, LASC No. BC 181991;
City Council Meeting Minutes
Page 13
March 24, 1998
(m) Alex Mendr;n (Al's Plastics) v City of Vernon,
Norwalk Superior Court No. VC 025592;
(n) Scottsdale Insurance Company et al v Vernon;
Norwalk Superior Court No. VC 025888;
(o) James Raabe v. Vernon, WC Nos. 91-VNO-0232212,
VNO-336707, VNO-218463, and VNO-336708;
(p) Vernon Sem v. City of Vernon, WC No. POM
0187239, VNO Unassigned
3. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code Section
54956.95
LIABILITY CLAIMS
Claimant: Jose A. Miramontes
Agency claimed against: City of Vernon
Claimant: Violetta Clara Azra
Agency claimed against: City of Vernon
Claimant: Southern California Edison
Agency claimed against: City of Vernon
It was moved by Ybarra, seconded by Gonzales, that
the Council go out of Closed Session and resume regular session,
the time being 6:45 p.m. Motion carried.
The City Clerk announced that a dismissal was filed
on Watson Land Company v ACTA, LASC No. BC 181991.
It was moved by Ybarra, seconded by Gonzales, that
the claim from Violetta Clara Azra be denied. Motion carried.
It was moved by McCormick, seconded by Ybarra, that
the claim from Southern California Edison be denied. Motion
carried.
It was moved by Ybarra, seconded by McCormick, to
approve the discipline pertaining to the Utilityman IV as
recommended by the Director of Community Services & Water.
Motion carried.
It was moved by Gonzales, seconded by Ybarra, to
approve the discipline pertaining to the second Utilityman IV as
recommended by the Director of Community Services & Water.
Motion carried.
There being no further business to come before the
Council at this time, it was moved by McCormick, seconded by
Gonzales, that the meeting adjourn. Motion carried.
eonis C . Malb` rg
yor
ATTEST:
Bruce v. Malkenhorst
City Clerk
NOTICE OF ADJOURNMENT
Notice is hereby given that the City Council Meeting of
the City of Vernon to be held March 17, 1998, at 5:00 p.m., was
adjourned (due to lack of quorum) to March 24, 1998, at 5:00
p.m., to be held in the City Council Chambers of the City Hall
located at 4305 Santa Fe Avenue, Vernon, California.
Date C 'ef Deputy C,ty erk
t_
AFFIDAVIT OF POSTING
NOTICE OF ADJOURNMENT
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, Gloria J. Orosco, declare as follows:
That I am the Chief Deputy City Clerk of the City of
Vernon, and that Notice of Adjournment for a regular meeting of
the City Council Meeting of the City of Vernon to be held March
17, 1998, at 5:00 p.m., was posted at a conspicuous place near
the door of the room at which said meeting was to be held, within
24 hours of said adjournment.
I declare under penalty of perjury that the foregoing
is true and correct.
Executed on March 17, 1998, at Vernon, California.
ief Deputy Cit-�r/ Clerk